How to File an Eviction Online (State Court Portals)
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Eviction is the one landlord task where cutting a corner can cost you the whole case. Changing the locks, hauling out a tenant’s belongings, or shutting off the power is not a shortcut; it is illegal in every state and can leave you owing the tenant money. The legal path is a court process that, in many counties, you can now start online, but only if the notice and the paperwork are right. Here is the full process, start to finish, what it costs, how long it takes, and the one step no landlord can skip.
The short version (2026):
- The notice comes first. You cannot file until you have served the correct notice and its deadline has passed.
- The lawsuit is an “unlawful detainer” (or forcible detainer). You file it with the court, and many counties now let you e-file.
- Filing is not serving. The tenant must be formally served the summons and complaint before the case can move.
- Only the sheriff can remove a tenant, and only after a judgment and a writ of possession. Doing it yourself is illegal.
- Budget a few weeks to a couple of months and a filing fee that usually runs $50 to $400.
Grounds and Notice Come First
You cannot file “an eviction” in the abstract. You file on a specific legal ground, usually nonpayment of rent, a lease violation, illegal activity, or a holdover after the lease ends, and each ground has its own notice and timeline. For nonpayment, that is a pay-or-quit notice; for a fixable violation, a cure-or-quit notice; for the end of a tenancy, a notice to vacate. The court will throw the case out if the wrong notice was served or the deadline had not run, so this step is where most filings actually succeed or fail. Serve it the way your state requires, keep proof, and only then move to the court.
The notice has to be right before anything else works. LawDepot builds a state-specific eviction notice you can serve today.
The Eviction Process, Start to Finish
The eviction process is the same sequence almost everywhere, even though the names and the timing vary by state. Here is the whole path:
| Step | What happens | Typical timing |
|---|---|---|
| 1. Notice | Serve the correct notice (pay-or-quit, cure-or-quit, or unconditional quit) | 3 to 30 days, by state and reason |
| 2. File the complaint | If the tenant does not comply, file an unlawful-detainer (eviction) complaint, often online | 1 to 3 days |
| 3. Serve the summons | A server or sheriff delivers the summons and complaint to the tenant | 1 to 7 days |
| 4. Tenant’s answer | The tenant has a set window to respond, or you can ask for a default | 5 to 14 days |
| 5. Hearing | The court hears both sides; you bring the lease, ledger, notice, and proof of service | 1 to 4 weeks after filing |
| 6. Judgment | If you win, the court issues a judgment for possession | Same day to a few days |
| 7. Writ of possession | The court issues a writ; only the sheriff can then remove the tenant | A few days to two weeks |
Start to finish, a straightforward case runs a few weeks; a contested one can take a couple of months. Nothing on this list can be skipped, and the last two steps are the reason self-help never works: Possession only transfers by a judgment and a writ.
Filing the Complaint Online
The lawsuit itself is usually called an unlawful detainer (some states say forcible entry and detainer or an eviction action). To file, find the right court, which is generally the civil or housing division in the county where the property sits, not a generic county page. Many states and counties now offer e-filing; search your county name plus “court e-filing” and confirm the official court domain before you enter anything. California, for instance, publishes a full eviction process guide through its self-help courts. Use the current version of the local complaint form, enter the landlord (plaintiff) and tenant (defendant) exactly as they appear on the lease, match the property address to the lease, and attach your evidence: The lease, the served notice with proof of service, and an itemized rent ledger for a nonpayment case. Pay the filing fee, which usually runs $50 to $400 depending on the state and the amount claimed.
Serving the Tenant
Filing starts the case; it does not notify the tenant. That takes service of process, the formal delivery of the summons and complaint, and it is not optional. The rules of civil procedure in your jurisdiction dictate how: Usually personal service by a sheriff or licensed process server, sometimes substituted service on another adult at the home when the rules allow it. Leaving papers in a mailbox is generally not enough. Whoever serves the documents completes a Proof of Service or Affidavit of Service, a sworn statement of who was served, where, when, and how. If the tenant challenges the case, the judge looks straight at that proof, so “served the tenant” is worthless while “served Jane Doe personally at 123 Main St. on May 3 at 2:15 p.m.” holds up.
The Hearing and Judgment
After the tenant’s response window, the court sets a hearing, which for eviction is usually fast. Bring an organized packet: The lease, the notice and its proof of service, the rent ledger, and any photos or reports behind a lease-violation claim. If the tenant does not answer or does not appear after being properly served, you can often win by default. If you win, the court enters a judgment for possession, and sometimes for unpaid rent and costs as well. Watch the court’s electronic docket for the notice of hearing and the ruling, because a missed date can undo the case no matter how strong it was.
Be ready for the tenant’s side, too. Common defenses are that the notice was defective, that the unit was left uninhabitable, that the eviction is retaliation for a complaint, that it targets a protected class under fair-housing law, or that the rent was actually paid or offered. A landlord who served the correct notice and kept clean records usually clears these, but a valid defense can win the tenant a continuance or the case, which is another reason the early steps matter more than the filing itself.
The Writ of Possession: The Only Legal Removal
A judgment is not the moment the tenant leaves. To actually recover the unit, you ask the court for a writ of possession, the order that authorizes law enforcement to remove a tenant who still will not go. The sheriff or constable posts a final notice, usually giving a few days, and then, if needed, carries out the removal. This is the only lawful way a tenant is physically put out, and it is done by the sheriff, never by the landlord. Most tenants leave once the writ is posted; the point is that the force behind an eviction belongs to the court, not to you.
Self-Help Eviction Is Illegal
This is the rule that turns a winning position into a losing one. A “self-help” eviction, changing the locks, removing the tenant’s belongings, shutting off the heat, water, or power, or threatening the tenant to force them out, is illegal in every state, even when the tenant clearly owes rent and even after you have a judgment. Only the sheriff, acting on a writ, can remove a tenant. Landlords who take matters into their own hands can be sued for the tenant’s damages, statutory penalties, and attorney fees, and can find their own eviction case derailed. The process is slower than a lockout, but it is the only path that ends with you keeping the unit and the money instead of paying it out. For disputes that come after the tenancy, such as the deposit, our guide on handling deposit disputes covers the next step.
Fees, Timeline, and Common Mistakes
Court filing fees usually run $50 to $400, plus a service fee for the sheriff or process server and, if you reach that stage, a fee for the writ. Timing runs from a few weeks for an uncontested case to a couple of months when the tenant answers and the docket is busy. The mistakes that cost landlords the most:
- Skipping or botching the notice. Wrong notice type or too little time, and the case is dismissed before it starts.
- Filing in the wrong court or on the wrong form. Landlord-tenant filings are local; a generic form gets rejected.
- Weak proof of service. If you cannot prove the tenant was served, the case stalls.
- Naming the wrong party. The defendant must match the lease exactly, including every adult tenant.
- Any self-help. A lockout or utility shutoff can flip the case and expose you to damages.
- Accepting partial rent after filing. In some states this resets the process; know your local rule before you take a payment.
Need the notice that has to come first done right? LawDepot builds a state-specific eviction notice you can serve today.
Frequently Asked Questions
Can I really file an eviction entirely online?
In many counties you can file the complaint and pay online through the court’s e-filing portal, and track the case on its docket. What is rarely fully online is service of process, which usually still means a sheriff or process server delivering the papers, and the removal itself, which only the sheriff can carry out. Availability varies by state and county, so check your local court.
How long does an eviction take?
A straightforward, uncontested case often runs a few weeks from filing to the writ. A contested one, where the tenant answers and requests a hearing, can take a couple of months, longer in busy urban courts. The notice period before you can even file adds a few days to a month on top.
Can I change the locks or remove the tenant’s things myself?
No. Self-help eviction, including lockouts, removing belongings, or shutting off utilities, is illegal in every state, even after you win a judgment. Only the sheriff, acting on a writ of possession, can remove a tenant. Doing it yourself can expose you to the tenant’s damages, penalties, and attorney fees.
What do I need to file?
The signed lease, the notice you served with its proof of service, an itemized rent ledger for a nonpayment case, and the correct local complaint form. Name every adult tenant exactly as on the lease, match the property address, and attach your evidence when the portal prompts you.
What happens if the tenant does not respond to the court?
If the tenant was properly served and does not answer within the response window or does not appear at the hearing, you can usually ask the court for a default judgment for possession. You still have to obtain and execute a writ of possession to complete the removal.
How much does it cost to file?
Court filing fees usually run $50 to $400 depending on the state and the amount claimed, plus a service fee and, later, a writ fee. If you win, some courts let you add these costs to the judgment against the tenant.
Sources & References
This guide is fact-checked against the following official and authoritative sources:
- Cornell LII — Eviction
- Cornell LII — Landlord-Tenant Law
- Cornell LII — Unlawful Detainer
- California Courts — Eviction Process (Self-Help)
Fact-checked: July 2026 · ClearLegalTips editorial team. This is legal information, not legal advice.
ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.
